in Re: Haggar Clothing Company F/K/A Haggar Apparel Company, and Waxahachie Garment Co. ( 2005 )

NUMBER  13-05-00686-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE HAGGAR CLOTHING COMPANY F/K/A HAGGAR APPAREL COMPANY AND WAXAHACHIE GARMENT CO., Relators

On Petition for Writ of Mandamus and

Motion for Emergency Temporary Relief

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez and Rodriguez

Memorandum Opinion Per Curiam

Relators, Haggar Clothing Company f/k/a Haggar Apparel Company and Waxahachie Garment Co., have filed a petition for writ of mandamus requesting that this Court direct the respondent, the Honorable Rose Guerra Reyna, presiding judge of the 206th Judicial District Court of Hidalgo County, Texas, to vacate her order, dated November 3, 2005, in Cause No. C-2395-02-D, denying relators= plea in abatement.  Relators also filed a motion for emergency temporary relief requesting that this Court maintain the status quo of the parties and preserve the Court=s jurisdiction to consider the merits of relators= petition for writ of mandamus.  See Tex. R. App. P. 52.10(a).

Having reviewed the motion for emergency relief, petition for writ of mandamus,  and documents on file, this Court is of the opinion that the request for emergency relief and petition for writ of mandamus should be denied.

Accordingly, relators= motion for emergency relief and petition for writ of mandamus are hereby denied.

PER CURIAM

Memorandum Opinion delivered and filed

this 4th day of November, 2005.